Home › Personal injury guides › Will my claim go to court?
Guide · Personal injury
Will My Personal Injury Claim Go to Court?
Probably not. Most personal injury claims settle through negotiation between your solicitor and the other side's insurer, without anyone going to court. Sometimes court proceedings have to be started, but even then most claims settle before a trial. If your claim does go to trial, a judge decides it, not a jury, and your legal team prepares you for every step.
Worrying about court puts many people off claiming. This guide explains how claims usually settle, when court proceedings are needed and what happens if your claim goes to a hearing.
- Most claims
- Settle by negotiation
- Starting court proceedings
- Doesn't mean there will be a trial
- Who decides at a trial
- A judge, not a jury
- Children's claims
- A short hearing to approve the settlement
How do most claims settle?
Once your solicitor has looked into who was at fault and has a medical report on your injuries, they'll negotiate with the other side's insurer to agree your compensation. Either side can make offers, and your solicitor will advise you on whether an offer is fair. Most claims are settled this way, without court proceedings.
Settling by negotiation is usually quicker and less stressful than going to court. It's your decision whether to accept an offer, and your solicitor will explain the risks and benefits of each option.
When might court proceedings be started?
Starting court proceedings, sometimes called issuing a claim, doesn't mean you'll end up in a courtroom. Your solicitor may need to start proceedings if:
The other side denies blame
If the insurer won't accept that their client was at fault, the court may need to decide.
You can't agree on the amount
If the insurer won't offer a fair amount, proceedings can move the claim forward.
The time limit is close
Proceedings are started to protect your claim before the time limit runs out. Negotiations can carry on afterwards.
The other side stops responding
If the insurer delays or doesn't engage, proceedings put the claim on a timetable set by the court.
What happens after proceedings start?
- The court sets a timetableThe claim is allocated to a court track depending on its value and complexity, and the court sets deadlines for each step.
- Both sides share evidenceDocuments, witness statements and expert reports, such as medical reports, are exchanged by set dates.
- There are more chances to settleThe courts expect both sides to try to settle, for example through offers, a joint settlement meeting or mediation. The court can order the parties to try these. Many claims settle at this stage.
- A trial date is setIf the claim still hasn't settled, it goes to a trial, where a judge decides who was at fault, how much compensation should be paid, or both. Claims can still settle right up to the day of the trial.
What if your claim goes to trial?
If your claim does go to a trial, your legal team will explain what to expect and prepare you for it.
Will I have to attend?
Usually, yes. You'll normally give evidence about what happened, and the other side's lawyer may ask you questions.
Will there be a jury?
No. Personal injury claims are heard in the civil courts, where a judge decides the case.
What happens at the hearing?
Your barrister or solicitor advocate presents your case. The judge may hear from you, witnesses and experts before deciding.
What happens afterwards?
If you win, the judge decides your compensation. If you lose, you may be able to appeal, but you'd usually need permission and must act quickly.
Will a court hearing cost more?
With No Win No Fee, there's nothing to pay upfront on eligible claims, and that doesn't change if your claim goes to court. If your claim doesn't succeed, you don't pay our fees. Under the Qualified One-Way Costs Shifting rules, you usually won't pay the other side's costs either, with some exceptions, for example if a claim is found to be fundamentally dishonest. See No Win No Fee explained.
Claims for children are different: any settlement has to be approved by a judge at a short hearing, even if no one ever disputed the claim. See personal injury claims for children.
Going to court: FAQs
How many personal injury claims go to court?
Only a small proportion. Most claims settle through negotiation, and many of those where court proceedings are started still settle before a trial.
Will I have to give evidence?
Only if your claim goes to a trial, and then usually yes. Your legal team will explain what to expect and how the hearing works, but they can't tell you what to say. You just need to give your honest account.
Will I have to pay the other side's costs if I lose at court?
Usually not. Under the Qualified One-Way Costs Shifting rules, most people who bring a personal injury claim won't pay the other side's costs if the claim fails. There are exceptions, for example if a claim is found to be fundamentally dishonest. Under No Win No Fee, if your claim doesn't succeed, you don't pay our fees.
Can my claim still settle after court proceedings have started?
Yes. Claims can settle at any point, right up to the day of the trial. The courts expect both sides to keep trying to settle.
Is a personal injury trial held in public?
Usually, yes. Most civil hearings are open to the public, but in practice there are usually only a few people in the courtroom, such as the judge, the lawyers, the people involved and any witnesses.
Will my child have to go to court?
Very rarely. Any settlement of a child's claim has to be approved by a judge, but the hearing is usually attended by the parent or other adult bringing the claim and the solicitor. See personal injury claims for children.
Been injured in an accident?
Talk to our team for free, with no obligation. We'll give you an honest view of your claim and explain what to expect at every stage. Eligible claims are handled on a No Win No Fee basis.